Dharamvir Gope @ Dharmvir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77096 of 2023 Arising Out of PS. Case No.-24 Year-2022 Thana- KARAI PARSURAI District- Nalanda ====================================================== Dharamvir Gope @ Dharmvir Kumar S/O Late Binay Prasad Village- Neshra, Ps. Karai Parsurai, Dist. Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Karaiparsurai P.S. Case. No. 24 of 2022 instituted for the offence under Sections 147, 148, 149, 341, 323, 385, 302, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is that he opened fire upon the informant's mother due to which she sustained gun shot injury and later on, she died in hospital. It is further alleged that co-accused along with this petitioner assaulted the informant and abused him.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case

Patna High Court CR. MISC. No.77096 of 2023(3) dt.29-02-2024 2/2 due to village politics. There is case and counter case between both the parties and both parties have sustained injuries as alleged in separate occurrence. Moreover, the petitioner is languishing in judicial custody since 26.03.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is name in FIR and there is specific overt act against the petitioner to open fire upon the informant's mother due to which she died. During investigation, witnesses supported the prosecution case and postmortem report also corroborated with the prosecution version.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Shubham/- U T